By JIMMY LAWTON

As problems continue to rise in the St. Lawrence County District Attorney’s office, a Republican state senator wants to create an oversight and disciplinary committee to keep prosecutors in check.

The legislation would create a commission on prosecutorial conduct to serve as a disciplinary entity designated to review complaints of misconduct by prosecutors..

While Mary Rain’s situation isn’t what prompted Sen. John DeFrancisco, R-Syracuse, to put the bill forward, he said it’s a prime example of why such a committee is needed.

“St. Lawrence County is just a recent example of why this bill is needed. It’s reprehensible that a law student without a license was able to bring a felony case to the court,” he said.

DeFrancisco cited other allegations that have been made against Rain, including the claim from her former Chief Assistant District Attorney David Haggard that she was targeting people she didn’t like with indictments.

DeFrancisco noted that the committee would be able to confirm or dispel such allegations more swiftly than current processes allow.

“This is a perfect situation. Whether it’s true or not true, there needs to be a better system in place to investigate this type of allegation,” he said.

Assemblywoman Addie J. Russell, D-Theresa, also supports the legislation.

“Creating a commission on prosecutorial conduct will bring responsible and transparent oversight to the world of criminal prosecutions. The commission will act as a check on the power of prosecutors in New York through the creation of a system for grievances to be heard, investigated, and dealt with fairly,” she said. “I am supporting this legislation because I believe clarifying the process by which prosecutors are held responsible for their conduct in office will ensure New Yorkers will continue to have confidence in our justice system.”

If established, the commission would enforce the “obligation of prosecutors” to observe acceptable standards of conduct, and establish reasonable accountability for the conduct of prosecutors during the performance of their functions, powers and duties as prosecutors. The oversight committee would be modeled after a similar system put in places to keep judges in check.

DeFrancisco said the prosecutors have always lacked oversight, much like judges did prior to legislation passed in the 1970s.

“They established the opportunity for an independent body to report complaints for judicial conduct. When that came in years and years ago it was like the world was going to end,” he said. “But it was passed and now nobody blinks an eye at it and it works.

DeFrancisco said in many cases judges who are investigated are exonerated, sometimes action is taken or they are removed, but he says the process works well and at a reasonable pace.

He says a similar commission could help expedite investigations regarding complaints made against prosecutors.

“Prosecutors have extremely broad powers. They decide what cases are going to trial and what ones aren’t. If there is wrongdoing or a question of wrongdoing, the only remedy now is they don’t get reelected,” he said adding that election cycles can take years.”

The bill also seems to have support from St. Lawrence County lawmakers who recently took a vote of “no confidence” in St. Lawrence County District Attorney Mary Rain and asked the state to investigate and determine if she is fit to serve in her position. The board however has not taken a vote to formally support the bill.

St. Lawrence County Board of Legislators Chairman John Burke said he would welcome the establishment of such a committee. He said the current system in place is lacking. Burke, who voted against the resolution calling on the state to investigate Rain, said the committee would likely be better suited for the task than the county legislators.

DeFrancisco said the governor is key to the existing process and that he is obviously a busy person without adequate time to get involved in every complaint regarding the prosecutors. DeFranciso, who served as a prosecutor in the past, said the proposed system will is as likely to clear names as it is to find wrong doing.

“I don’t think the district attorney’s have anything to fear if they are conducting themselves properly,” he said.

The bill made it to the senate floor last year, but never made it for a vote. DeFrancisco said recent headlines are indicators that perhaps the time is now.

“If there was a vote, I think it would pass. But, I have been wrong before.”